ABOUT BHARTIYA NAYAYA SANHITA

The Indian Penal Code was modelled after British criminal law, controlling and punishing India instead of assisting or shielding it. Since our society has changed in every way, several sections of this penal code are no longer applicable. In an effort to uphold Indian citizens’ rights, the Union Government of India proposed amending the criminal laws from the colonial era. The Minister of Home Affairs introduced three bills in the Lok Sabha to replace the Indian Penal Code (IPC).

Bhartiya nyaya sanhita 2023: the new penal code

• It is known as the new penal code.
  
• To replace the Indian Penal Code, the bhartiya nyaya sanhita (BNS) Bill, 2023, brings about a number of important changes.
  
• In addition to addressing gender equality, organized crime, and terrorism, the bill also repeals obsolete legislation like Section 377.

Bhartiya Nyaya Sanhita: Highlights of the Bill

• This has given crime, evidence, and investigations new dimensions.
  
• Transparency and understanding can be improved by simplifying and streamlining the legal framework.
  
• It incorporates the majority of IPC offenses. Community service is additionally added as a penalty.
  
• Sedition is not a crime anymore. Rather, a new penal code now applies to any actions that compromise India’s integrity, unity, or sovereignty. 
  
• The BNS includes the crime of terrorism.  It is described as an act intended to intimidate the populace, disrupt public order, or endanger the nation’s unity, integrity, and security.
  
• An additional crime has been added i.e., organized crime.  It includes offenses carried out on behalf of a criminal organization, such as kidnapping, extortion, and cybercrime.  These days, minor organized crime is also a crime.
  
• Murder committed by a group of five or more people because of a particular identity marker, such as caste, language, or personal belief, is punishable by life in prison or death in addition to a fine.

Bhartiya Nyaya Sanhita 2023: Important Provisions

The Bhartiya nyaya Sanhita 2023aims to supersede the IPC and incorporate various significant and new provisions.

• Sedition Law Repeal: The IPC’s Section 124A, which was enacted during the colonial era, has been repealed. Section 150 of the BNS, the replacement, aims to prosecute acts of “subversive activities, armed rebellion, or secession.”
  
• Community Service: One of the penalties for minor offenses under a significant amendment to the new penal code is community service.
  
• Organized Crimes: Section 109 of the BNS introduces provisions pertaining to organized crimes. When someone dies as a result of organized crime, they will either be executed as punishment or imprisoned for life.
  
• Right to Private Defense: The BNS’s Section 44 grants people the right to defend themselves against lethal assault, including mob attacks.
  
• Gender Neutrality: All of the offenses are now considered to be of the same gender.
  
• Death Penalty: Provisions for the death penalty have been included for crimes involving rape of minors and mob lynching.
  
• Trial Against Civil Servants: If authorization is not granted within 120 days of requesting a trial against a civil servant or police officer, the trial will proceed without delay.
  
• Trial in Absentia: A new rule allowing for a criminal trial in absentia will facilitate trials in situations involving fugitives.

Bhartiya Nyaya Sanhita: Criticisms

• Criminal Liability Age Difference: The criminal responsibility age of seven years is still in effect, though it may be raised to twelve years depending on how mature the accused is. This might be against the advice of international conventions.
  
• Definitions of Child Offenses Are Inconsistent: While under 18 is considered a child according to the BNS, there are different age thresholds for different crimes against children. For example, disparities exist in the age requirements for crimes such as rape and gangrape.
  
• Sedition Provisions and Sovereignty Issues: Although sedition is no longer a crime under the BNS, some aspects of it may still be present in relation to situations where India’s sovereignty, unity, or integrity are at risk.
  
• Retention of IPC Provisions on Sexual Harassment and Rape: The IPC’s provisions on sexual harassment and rape are preserved under the BNS. It disregarded the 2013 recommendations of the Justice Verma Committee, which included making rape a gender-neutral offense and criminalizing marital rape.

Thebhartiyanyaya Sanhita, which is expected to introduce changes to Indian criminal law, represents a step in the right direction toward a more contemporary legal system. Along with amending the current IPC law, it also adds a number of new provisions that could enhance the justice system’s effectiveness, equity, and openness. However, careful implementation and ongoing monitoring will be just as important in protecting Indian citizens’ rights as mere enforcement of this law. The BNS of 2023 as a whole is a thorough legal framework that is sensitive to the changing needs of society and dedicated to justice.

For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf